RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4422, 22 May 1875, Page 3

RESIDENT MAGISTRATE’S COURT.

Friday, May 21. (Before J. C. Crawford, Esq., R.M.) ASSAULT.

Hughes v. Anderson.—This was an information in which James Hughes charged John Anderson with having, on the 16th iust., unlawfully assaulted him. Mr. Travers for complainant ; Mr. Allan for defendant. Prosecutor’s evidence was to the effect that on Sunday evening, when passing along AVillis-street, he was suddenly accosted by defendant, who called him a for having made complaints to his (defendant’s) brother regarding his conduct. Defendant also raised his fist as if to strike complainant, and gave him a push. No blows were struck. Mr. Allan cross-examined complainant as to certain mysterious occurrences which caused a quarrel between the parties some time ago, endeavoring to show that defendant had since then been the subject of continual annoyance at the hands of complainant. Mr. Hughes denied the truth of the insinuation, but admitted that defendant had spread a scandalous report to the prejudice of his character, for which he would have made him answer in the Supreme Court had he not been a “man of straw.” He had been frequently annoyed by defendant, and had from time to time told his friends to' restrain him, as it might end unpleasantly; but as no good had come of these warnings, he had been forced to prosecute him. His Worship thought the assault —if it could be termed an assault—complained of trivial in its nature, and, therefore, should not inflict a fine, but would order defendant to enter into a recognisance of £lO to keep the peace for three months.

Mitchell v. Mould, and Mould v. Mitchell. —lnformation and cross information, each for assaults. Mr. Hart appeared for Mitchell, and,, Mr. Allan for Mould. The parties are shopmen in the establishment of Messrs. ICirkcaldie and Stains, and from the evidence adduced it appeared that for some time past the i elations between them had not been of the most friendly nature, until at last the unpleasantness culminated in Mould thrashing Mitchell severely with a whip. Mould admitted having committed the assault, but pleaded the provocation offered by Mitchell as justification. After hearing the evidence of both parties, and also that of another shopman, Bernard Ferries, the Magistrate gave his decision. In regard to the first case he must convict defendant, for although it was pretty clear some provocation had been offered, defendant was not justified in using the whip as he had done. In consequence of the provocation, however, he would let defendant off lightly, and fine him only 40s and costs. Respecting the second case, he thought Mitchell not a little to blame, and would order that he, as well as Mould, enter into a bond to keep the peace for three months. Disputed Water Rate.—By consent, the hearing of the information against Mr. 0. K. Jeffs was postponed for a fortnight.